Denmark:
Greenpeace verdict introduces collective punishment in Danish
lawIn a court verdict on
Friday, 10 June, the environmental organisation Greenpeace Nordic
was sentenced to pay 30.000 Danish kroner (4.000 ) for
being the responsible organisation behind a group of activists,
who had climbed to the top of the headquarters of the Danish
Agriculture Council in the centre of Copenhagen on 13 October
2003. Having barricaded the entrance with heavy chains and locks
they hoisted a banner denouncing the use of GMO food.

When the police
came the activists peacefully went to the police station and
were all released shortly after. The activists have each accepted
a fine of 1.500 Danish kroner for entering the building without
permission. Their climbing equipment has been confiscated.

The new development
came when Greenpeace Nordic were charged as being responsible
for the action. This was made possible because the Danish Penal
Code (§ 306 (1)) was amended in 2002 to follow the recommendations
of the UN and EU provisions on fighting terrorism. In this particular
case Greenpeace have been sentenced according to a paragraph,
which can hold a company or organisation responsible for its
members' individual acts.

The General Secretary
of Greenpeace Nordic, Mr. Lennart Daléus, said afterwards:

"The
fine is big for an organisation like ours, who only funds our
work through voluntary contributions from individuals. This verdict
shows with great clarity that the politicians and others, who
expressed concern that the terror law could also be used to other
things than to deal with international terrorism, were right.
The verdict is a break with the fundamental principals in a democratic
society where the individual is responsible for their own actions.
This case means that collective punishment have been introduced
in Denmark."

Since Greenpeace
Nordic were charged (see Statewatch News Online, May 2005, see
below) the police argued that this was not a terror case, and
that they only wanted Greenpeace sentenced for entering private
property and thereby sending a signal that can deter other organisations
from doing the same. In court the public attorney asked for Greenpeace
to be fined 100.000 d.kr.

The position
of the police have during the whole case been questioned by the
defence with reference to the fact that the amendment made this
particular paragraph broader only to follow the international
decisions in UN and EU regarding terror, and that Greenpeace
Nordic would not have been charged had it not been because of
this change.

The defence lawyer,
Mr. Steen Bech, told Statewatch:

"I think
that a lot of the politicians now feel that this is an unpleasant
case and that this use of the amendment was not what they intended.
This amendment is a very fundamental change of the Penal Code,
which is being sneaked into the law, this way."Statewatch News Online, May 2004

DenmarkGreenpeace
charged under anti-terror lawsThe Danish branch of Greenpeace,
the international environmental campaigning organization, was
charged yesterday (11 May 2005) under laws adopted to implement
UN and EU law on the financing of acts of terrorism.

The acts in question
occurred on 13 October 2003 when Greenpeace activists
staged a protest against the widespread use of GMOs (genetically
modified organisms) in animal feed on Danish farms. The protest
took place outside of and on the roof of the Agricultural Council
in the centre of Copenhagen which is opposite of the famous Tivoli
amusement park. In front of the building Greenpeace had set-up
an information stand and was handing out balloons to children
with a text saying "GMO - no thanks!". Then, as part
of the protest, 15 activists entered the council headquarters,
went up on the roof and unfolded a banner. Mr. Dan Belusa, Nordic
GMO coordinator for Greenpeace, explained to Statewatch
that:

"Nothing
was broken during the event and the activists went peacefully
with the police to the station where they were questioned and
released soon after. Later they were charged with disturbing
the peace (under article 264, 1.1. of the Penal Code), an offence
that normally gives a fine of a few thousand Danish kr."

But now prosecutors
have extended the charges to include Greenpeace as an
organisation. This is the first use of the amended penal code
which was changed in order to comply with the UN Convention on
the Suppression of the Financing of Terrorism and the UN Security
Council Resolutions adopted after September 11 2001 (which were
incorporated into EU law in December 2001). The powers in question
oblige member states to enact laws that allow for the prosecution
of organisations and companies in connection with acts of terrorism.
The Danish Parliament adopted the neceassry amendments to the
penal code in the spring of 2002. Before they came into effect
organisations and companies could only be charged for illegal
acts committed for economic gain. Steen Bech, a Greenpeace
lawyer, says:

"It is
this change which makes it possible for the police lawyers to
bring charges against Greenpeace as an organisation. It is unheard
of that the terror law in this way hits organisations that build
their work on peaceful, non-violent methods. Actions of the kind
Greenpeace activists perform are based on honourable principles
of civil disobedience, where each individual takes responsibility
for their own actions. There should be no collective punishment."

Mads Christensen,
Greenpeace Denmark's head of campaigns, told Statewatch
that he had no idea about of the size of the punishment awaiting
the organisation:

"Since
there is no precedent for such a situation we expect the police
advocate to do one of two things: either to ask for a specific
punishment at the opening of the trial, or leave it up to the
court to decide."

Christensen is
concerned that this case could scare Greenpeace activists
and act as a deterrent against future actions - despite the fact
that environmental problems are getting worse.

"Earlier,
when we warned against the consequences of the terror laws being
able to be used against people other than terrorists, we were
told we were inventing bogey-men. Unfortunately it now seems
that the laws are being used against peaceful actions."

Ms. Barfod has
raised the principal issue of the use of not just this part of
the terror law, but also the whole range of amendments of the
Penal Code and other laws, which followed upon 9/11, with the
Minister of Justice, Ms. Lene Espersen.

The police are
now saying that the charges have nothing to do with the terror
laws, a position flatly rejected by Greenpeace.

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